No, it is not legal to marry your first cousin in Michigan. The state’s marriage laws explicitly prohibit unions between first cousins, classifying them as void from inception.
Michigan’s Legal Framework
Michigan Compiled Laws (MCL) Section 551.3 declares marriages between first cousins absolutely void, alongside other close relatives like siblings, parents, and aunts/uncles. This ban applies regardless of age, consent, or ceremony—courts will not recognize such unions performed within the state.
Section 551.4 reinforces prohibitions for women marrying first-degree cousins, fathers, brothers, or similar kin, emphasizing incapacity to wed. No exceptions exist for genetic counseling, age over 50, or fertility status, unlike some states.
Historical and Out-of-State Context
Michigan’s cousin marriage ban dates back decades, rooted in public policy against incestuous relationships. While first-cousin marriages validly contracted elsewhere (e.g., Hungary or states like Virginia) are generally recognized under comity principles, as in Toth v. Toth (1973) and immigration cases, local performance voids them ab initio. A 1939 Attorney General opinion and recent rulings affirm out-of-state validity if legal there, but Michigan county clerks refuse licenses to first cousins.
Penalties and Enforcement
Attempting a first-cousin marriage in Michigan carries no direct criminal penalty like felony charges, unlike sexual conduct with mentally incapacitated cousins (a felony under specific statutes).
However, the marriage is unenforceable: it lacks legal status for inheritance, divorce, or spousal rights. Faking a ceremony to deceive courts or CPS could invite fraud charges or void consented orders, especially with children involved. Immigration or benefits claims might scrutinize validity.
Distant Cousins Allowed
Second cousins and beyond face no prohibitions—marriages between first cousins once removed (e.g., your first cousin’s child) or second cousins are fully legal. Michigan permits these without issue, aligning with most states’ thresholds.
Health and Genetic Risks
Beyond legality, first-cousin unions elevate risks for offspring: studies show 3-4% higher chance of birth defects (e.g., heart issues, intellectual disabilities) versus 2-3% baseline, due to shared genes. Repeated inbreeding amplifies this, as seen historically in royal families. Second cousins drop risks near population averages.​
Myths vs. Facts Table
Practical Steps for Couples
Verify relation via genealogy: first cousins share grandparents. For legal marriage, wed in permissive states (20+ allow first cousins, e.g., California, New York). Post-Obergefell (2015), same-sex cousin rules mirror this, though archaic language in MCL 551.4 specifies women. Consult attorneys for recognition, especially interstate moves or kids. Alternatives like domestic partnerships lack full rights.
Broader U.S. Landscape
Nationwide, 19 states ban first-cousin marriage outright; Michigan joins strict ones like Texas, Kentucky. Eight permit with counseling/age limits. Cultural norms vary—common abroad, taboo here. Public opinion polls show ~10% U.S. approval.
​Sources
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.ulc.org/wedding-laws/michigan
- https://fam.state.gov/fam/09FAM/09FAM010208.html
- https://answers.justia.com/question/2021/06/19/can-two-first-cousins-marry-in-michigan-848720
- https://www.answers.com/law-and-legal-issues/Is_second_cousin_marriage_OK_in_Michigan
